Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 205 -- Dishonour of cheque - Exemption from personal appearance - Complainant has no objection if prayer of petitioners for being allowed to be represented u/s 205 Cr.P.C at time of recording of plea and examination of accused u/s 313 Cr.P.C. - Impugned order set aside - Directions..........
Criminal Procedure Code, 1973, Section 427, Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Concurrent running of sentences - Conviction in 8 cases u/s 138 of N.I. Act - Substantive sentences in all the eight cases shall run concurrently - However, default sentences shall not be affected...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Accused by leading his evidence and also producing several documents and also through cross examination of PW1 could successfully rebut presumption formed in favour of complainant - Even, complainant failed to prove loan transaction between himself and accused - Both Courts below erred in appreciating..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 174A -- Dishonour of cheque - Proclaimed offender - Registration of FIR u/s 174-A IPC - Quashing of FIR - Compromise arrived at between parties in proceedings u/s 138 of N.I. Act - Complainant withdrew his complaint and petitioner discharged on the basis of compromise - In such..........
Negotiable Instruments Act, 1881, Section 138, Indian Penal Code, 1860, Section 82, 174A -- Dishonour of cheque - Proclaimed offender - Warrant of arrest received back unexecuted with report that accused has left the given address - Court is duty bound to ask complainant to furnish his fresh address and ensure that accused is duly served before commencing with the coercive..........
Negotiable Instruments Act, 1881, Section 138, Indian Penal Code, 1860, Section 174A -- Dishonour of cheque - Proclaimed offender - Amicable settlement between parties and complaint u/s 138 of NI Act withdrawn - Proceedings u/s 174-A IPC cannot be permitted to continue...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Exemption from surrendering - Accused out of 7 lakhs in view of settlement, paid Rs.4 lakhs to complainant - Three Courts have concurrently convicted accused u/s 138 of the Act - Exemption from surrendering is of discretion of Supreme Court - Held, without going into merits of case, application for..........
Negotiable Instruments Act, 1881, Section 138, 148 -- Dishonour of cheque - Appeal against conviction along with application for condonation of delay - Order to deposit 50% of compensation amount as a pre-condition for hearing appeal and application - Minimum of 20% of compensation amount may be directed to be paid at the time of hearing of appeal - Appellate Court..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Acquittal - When accused though denied signature when he has not sent the same to handwriting expert and also not given any reply to notice and instead of drawing presumption in favour of complainant, trial Court believed evidence of accused and committed error which amounts to perversity - Order of..........
Negotiable Instruments Act, 1881, Section 138, Limitation Act, 1963, Section 5 -- Dishonour of cheque - Delay of 1319 days in filing revision petition - Condonation of delay - There is hardly any convincing reason or any reason for that matter cited in seeking condonation of inordinate delay of 1319 days except for a bald averment that petitioner tried to arrange for money..........
